LatviaCabinet Regulation No. 215, Radio Equipment Essential Requirements
Ministru kabineta noteikumi Nr. 215 Radioiekārtu atbilstības novērtēšanas, piedāvāšanas tirgū, uzstādīšanas, lietošanas un uzraudzības noteikumi (2024. gada 2. aprīlis), 10.-14. un 19.-20. punkts
In force since .
A product security requirements rule binding public and private bodies.
- Criminal exposure
- No
- Private right of action
- No
- Criminal exposure note
- The Regulations create no offence and set no penalty of their own.
- Obligation class
- Security
What it requires
- If you are a manufacturer that places radio equipment on the Latvian market, you meet the Radio Equipment Directive's essential requirements through these Regulations, and you must design and make the equipment to meet the safety, health and electromagnetic-compatibility requirements of point 10 and the further requirements of point 11 (points 10, 11 and 19).
- If your radio equipment can communicate over the internet, directly or through other equipment, design and make it so that it does not harm the network or its operation and does not misuse network resources, causing an unacceptable degradation of service (points 11.1 and 12; applies from ).
- If that equipment, or radio equipment designed or intended solely for childcare, covered by the toy safety rules, or worn on the body or clothing, can process personal data, traffic data or location data, design and make it with safeguards that protect the personal data and privacy of the user and subscriber (points 11.2 and 13; applies from ).
- If your internet-connected radio equipment lets the holder or user transfer money, monetary value or virtual currency, design and make it to perform functions that protect against fraud (points 11.3 and 14; applies from ).
- The requirements of points 11.1, 11.2 and 11.3 do not apply to radio equipment that is also covered by the medical devices Regulations (EU) 2017/745 and (EU) 2017/746, and points 11.2 and 11.3 do not apply to equipment also covered by the civil aviation Regulation (EU) 2018/1139, the motor vehicle type-approval Regulation (EU) 2019/2144 or the rules for registering electronic road-toll service providers (points 15 and 16).
These lines are LexLint's reading of the law's text.
Who enforces it
Enforcement body
Patērētāju tiesību aizsardzības centrs (Consumer Rights Protection Centre), which point 2 makes the market surveillance authority for radio equipment.
Settledness
- As of
What this law does
Cabinet Regulation No. 215 was adopted on , published in Latvijas Vēstnesis No. 70 on and took effect on . The Consumer Rights Protection Centre supervises the radio equipment market under point 2.
Point 11 adds, for certain categories of radio equipment, essential requirements that it must not harm a network or its operation, must include safeguards for the personal data and privacy of the user and subscriber, and must perform functions that protect against fraud. Point 12 applies the network-protection requirement to all radio equipment capable of communicating over the internet, whether directly or through other equipment.
Point 13 applies the personal-data and privacy requirement to radio equipment designed or intended solely for childcare, to radio equipment covered by the toy safety rules and to radio equipment worn on the human body or clothing, where that equipment can process personal data, traffic data or location data. Point 14 applies the fraud-protection requirement to internet-connected radio equipment that lets the holder or user transfer money, monetary value or virtual currency.
A manufacturer must design and make radio equipment to meet the essential requirements of points 10 and 11 when placing it on the market. Points 12 to 16 apply from .
When LexLint raises it
When your app profile says your app distributes a software product.
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